Personal malpractice insurance....yes or no?

Nurses General Nursing

Published

We had this discussion at work the other day. One of the points against it was that lawyers will go for the person(s) with the most . Also I know, I've been told that the hospital would back you up if you are following policy. Do you carry a personal policy?

Beth

Specializes in ICU, CM, Geriatrics, Management.
... do we have to tell anyone we have the insurance? Is it something that can be found out?...

1) No, unless you're involved in an incident and the info is requested as part of discovery.

2) See above.

Up Vote Up Vote ×
Jim, I am with you here. Before I got into nursing was in legal field, also wife is L & D nurse. First thing the legal team does is an "Asset Search" (I've done them on other people) If you do not have insurance, 2nd home, yatch, airplane, business you are not of much interest. Depending on the state, Texas for example...Cannot garnish wages, retirement, cannot seize homestead, cars ONLY luxuary items (boats, harleys). My wife was named twice in twenty years in L & D and both times she showed up to be deposed, she was dropped from suit after assets were revealed, also, yes most assest are in my name or joint name. I would like the insurance for BON stuff for sure though. Just a tough call and a personal preference. Coencidently the lawyers usually hired to defend nurses or hospitals are usually RN/JD or MD/JD.

"Rock on fellow nurses"

CSLee3,

I was never involved in an asset search...firm didn't mess with it, just went after the insurance. How extensive do they search? Do they perform a search on all staff involved?

Up Vote Up Vote ×

I was involved in the legal area for awhile also, and what Jim and others are saying about is spot on. Attorneys are like bloodhounds that follow the scent of the biggest potential pile of money. Secondly, the only attorney that will ever stand solely for your interests is one that you've personally retained; don't ever bet the farm on an insurance attorney doing that for you. If your malpractice insurance attorney does manage to settle a case in such a way that your personal interests are also met, understand it was a fortunate coincidence, nothing more.

Up Vote Up Vote ×
Specializes in Medical/Surgical/Maternal and Child.

I was once told by an experience RN that if a nurse carries mp insurance to keep it to herself and not discuss it at work just for the very reason that attorneys will go after a nurse if she has mp insurance of the gazoo!!!. I've always carried mp insurance while in the hospital setting but no longer carry it now because I don't work in the hospital setting. However, I'm of the adage "Better safe that sorry". It's always a good idea to have a second plan of action. With the way people are sue happy now days, you just never know.

Up Vote Up Vote ×
Specializes in ICU, CM, Geriatrics, Management.
... Attorney's go after the money...

Agree.

So if you own a house and /or vehicles and / or investments, then get the insurance.

If you have nothing of value (including a job that doesn't pay you much), then don't.

Up Vote Up Vote ×
Specializes in ICU, CM, Geriatrics, Management.
... Everyone whose name appears anywhere in the chart gets named around here...

Agree with the sentiment.

Only correction I'd make is to say: Everyone whose name appears anywhere in the chart is a potential defendant, subject to an asset check. (See my previous post.)

Up Vote Up Vote ×
Agree.

So if you own a house and /or vehicles and / or investments, then get the insurance.

If you have nothing of value (including a job that doesn't pay you much), then don't.

I refer you to Huffman's post:

Is $100 (more or less) a good deal if it's not needed?

If nurses "feel better" having , buy it. But realize it's simply a form of therapy.

Remind yourself: nurses just don't get sued very often. Oh, it happens on a very, very rare basis, but the reason it's "so reasonable" (as we are reminded all the time) is simply because it doesn't happen. Statistically speaking, it's not going to happen to you. Ever. Even if you are unfortunate enough to have bought malpractice insurance.

Attorneys get paid (in almost every such case) a percentage (usually 35-40%) of the final settlement. No attorney in her right mind is going to come after a nurse who doesn't have malpractice insurance because it simply isn't worth it. Why bother? The attorney isn't doing this as a cause: she's hoping to make some money from it.

Such trials often require months or tedious, expensive preparation. Then there's the trial itself, complete with the attorney having to shell out money for expert witnesses, and other such fees. Don't make yourself inviting to such attorneys. Malpractice insurance is an open invitation.

As for the fear of garnishing of future wages, let's put this in perspective. Let's say you have a minimal net worth. You're telling me an attorney is going to salivate at the prospect of a judge ordering a garnishment of -- say -- $100 a week -- against your wages for the rest of your life to pay off the -- let's pick a number: $500,000? -- settlement we're hypothetically talking about? What are the chances you as a nurse will sit still for this? What are the odds you will simply declare bankruptcy, and go on with your life? The attorney is no fool. There are other fish to fry.

Jim Huffman, RN __________________

This gentleman knows what he is talking about.

Isn't it odd that nurses ask for and receive advise from experienced nurses regarding medical issues, but won't listen to any learned advise regarding other issues?

Isn't is also odd that, with all of the threads regarding malpractice insurance, no one has come forward and said "An attorney took my house, my car, and my 401k?"

This is because.... IT DOESN"T HAPPEN.

With all of the years of experience from thousands of nurses at this site, NO ONE has lost their home...

But, some have been included in suits involving their malpractice insurance.

Again,

I am angered by a system that exploits fear.

Save yourself time, stress, and money. Just say No to malpractice insurance.

Mschrisco

Up Vote Up Vote ×

Can you have more-than-one policy for extra protection? :o

Up Vote Up Vote ×

I am very surprised that anyone would think that their hospital would cover them in the event of a lawsuit, after all the horror stories that I have read(Not Heard) Case in point; lawsuits are directed at Hospitals first, Doctors second, and Nurses third, there is a pool of funds for lawsuits held sort of in escrow and guess who gets the benefit of the least amount of that account?? That's right the Nurse, and often if there isn't enough to go around the nurse has to fend for themselves, do some research and you will see of what I speak

Up Vote Up Vote ×
Specializes in ICU, CM, Geriatrics, Management.
... No attorney in her right mind is going to come after a nurse who doesn't have malpractice insurance because it simply isn't worth it...

Total generalization.

Don't incorrectly think all attorneys are making over $100 K.

Again, if you're judgment proof, then no attorney is gonna throw away good money after bad. But if you've got assets, watch out baby... you're fair game.

Up Vote Up Vote ×
Total generalization.

Don't incorrectly think all attorneys are making over $100 K.

Again, if you're judgment proof, then no attorney is gonna throw away good money after bad. But if you've got assets, watch out baby... you're fair game.

(J. Huffman, RN... Could use a little help here... How do you explain to people how much it would cost the average attorney to go after a working joe's assets? And that they would never get a return.

Asking for help because Huffman has a great way with words.)

Larry G,

We are not talking about rich attorneys. Any civil suit costs money. The attorney has to decide if the end justifies the means.

Suing an individual, the end never justifies.... unless that person is Bill Gates. (Then it would be even more difficult and expensive)

When an attorney sues, money goes out, but none comes in for a long time. Poor attorneys cannot afford to go that distance.

Up Vote Up Vote ×
I am very surprised that anyone would think that their hospital would cover them in the event of a lawsuit, after all the horror stories that I have read(Not Heard) Case in point; lawsuits are directed at Hospitals first, Doctors second, and Nurses third, there is a pool of funds for lawsuits held sort of in escrow and guess who gets the benefit of the least amount of that account?? That's right the Nurse, and often if there isn't enough to go around the nurse has to fend for themselves, do some research and you will see of what I speak

Jay,

Read the whole thread. Hospital's don't cover... the insurance does. Different ball game.

The pool of funds... I admit I have never heard of this. Trust me, if there were money other than insurance... attorney's would find a way to get it. Also, the hospital's WANT you to appear like the perfect nurse...

Up Vote Up Vote ×
+ Add a Comment